A Louisiana court has jurisdiction to grant a divorce if one party is domiciled in Louisiana.1 Unlike in some states, there is no minimum residency requirement. Domicile is physical presence plus present intent to remain.2 There is a rebuttable presumption of domicile after 6 months of residency.3 If your client has been in Louisiana for less than 6 months, ensure that other proof of domicile exists such as a driver’s license, voter registration card, rental agreement, proof of home purchase, utility bills, etc.
A servicemember who has been stationed at a military installation in Louisiana for 6 months and has resided in the parish where the divorce action is filed for at least 90 days prior to the filing of the action is considered a domiciliary of Louisiana and of the parish of the servicemember’s residence.4 As a general rule, a spouse of a servicemember should sue for divorce and military pension division in the servicemember’s state of domicile to avoid federal jurisdictional battles under 10 U.S.C. § 1408 and additional litigation expenses. The author suggests that you review the specific statutes and regulations applicable to those serving in our military.5
- 1La. C.C.P. art. 10(A)(7). A Louisiana court with jurisdiction to render a divorce may still lack jurisdiction to decide custody, child support, spousal support, or property division. Subject matter jurisdiction over custody must exist under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). For a more complete discussion of this act, see Section 4.10. Child support or money and property judgments (in rem) require that the defendant have “minimum contacts” with the State of Louisiana or consent to jurisdiction in addition to jurisdiction pursuant to the Uniform Interstate Support Enforcement Act (UIFSA). La. Ch.C. art. 1301.1, et seq.; for further discussion of this act, see Section 6.22.
- 2La. C.C. arts. 38–39, 45; Martin v. Robinson, 2020-0687 (La. App. 1 Cir. 8/6/20), 311 So. 3d 378, 381 (“A person’s domicile is his principal establishment wherein he makes his habitual residence and essentially consists of two elements, namely residence and intent to remain in place.”); see also Scaglione v. Juneau, 2010-CA-1109 (La. App. 4 Cir. 8/4/10), 45 So. 3d 191 (analyzing change in domicile).
- 3La. C.C.P. art. 10(B).
- 4La. C.C.P. art. 11.
- 5For additional information on the unique requirements when dealing with servicemember litigants, see Servicemembers Civil Relief Act, 50 U.S.C § 3901, et seq.; Robert C. Lowe, Louisiana Divorce, 1 La. Prac. Divorce § 1:16; Mark Sullivan, The Military Divorce Handbook 426–27 (2006).